Georgia Court of Appeals, 2019

Rodney F. Ward v. Robert H. Buckler

Rodney F. Ward v. Robert H. Buckler
Georgia Court of Appeals · Decided April 30, 2019

Rodney F. Ward v. Robert H. Buckler

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ April 30, 2019 The Court of Appeals hereby passes the following order: A19A1846. RODNEY F. WARD v. ROBERT H. BUCKLER.

Defendant Rodney F. Ward filed this direct appeal, seeking review of the trial court’s order denying his motion to strike and motion to dismiss this renewed civil action involving the development known as Clifton Ridge. We, however, lack jurisdiction.

Because this action remains pending below, Ward was required to use the interlocutory appeal procedures – including obtaining a certificate of immediate review from the trial court – to appeal the denial of his motion to dismiss. See OCGA § 5-6-34 (b); Boyd v. State, 191 Ga. App. 435, 435 (383 SE2d 906) (1989). Absent a timely certificate of immediate review, the party seeking to appeal must wait until the final judgment to do so. See OCGA § 5-6-34 (b); Turner v. Harper, 231 Ga. 175, 176 (200 SE2d 748) (1973). Ward’s failure to follow the interlocutory appeal procedures deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/30/2019 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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